alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10**  **- 6649** 

WILLIAM HILL , Plaintiff

- Appellant ,
v. CHESAPEAKE CORRECTIONAL CENTER, Records Department , Defendant

- Appellee
.

Appeal from the United States District Co urt for the Eastern District of Virginia , at Alexandria
. Anthony J
. Trenga , District Judge. ( 1:10

- cv - 00273

- AJT

- JFA )

Submitted : December 16, 2010 Decided: December 27 , 2010

Before GREGORY, DUNCAN, and DAVIS , Circuit Judges.

Affirmed by un publis hed per curiam opinion
. William Hill, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: William Hill appeals the district court ’ s order dismissing his 42 U.S.C. § 1983 (200 6 ) complaint under 28 U.S.C.
§ 1915 A ( b ) (200 6 ). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Hill v. Chesapeake Corr. Ctr. , No. 1:10

-

cv - 00273

- AJT

- JFA (E.D. Va. Apr. 19, 2010) . We dispense with oral arg ument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED
<TABLE> <S> <C>


<ARTICLE>                     5


<S>                                            <C>
<PERIOD-TYPE>                                  9-mos
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-01-1999
<PERIOD-END>                                   SEP-30-1999
<CASH>                                         978
<SECURITIES>                                   20,682
<RECEIVABLES>                                  7,533
<ALLOWANCES>                                   355
<INVENTORY>                                    0
<CURRENT-ASSETS>                               32,001
<PP&E>                                         6,940
<DEPRECIATION>                                 2,753
<TOTAL-ASSETS>                                 36,188
<CURRENT-LIABILITIES>                          3,656
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       95
<OTHER-SE>                                     32,121
<TOTAL-LIABILITY-AND-EQUITY>                   36,188
<SALES>                                        0
<TOTAL-REVENUES>                               33,033
<CGS>                                          0
<TOTAL-COSTS>                                  18,497
<OTHER-EXPENSES>                               13,733
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             (747)
<INCOME-PRETAX>                                1,550
<INCOME-TAX>                                   600
<INCOME-CONTINUING>                            950
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   950
<EPS-BASIC>                                  0.10
<EPS-DILUTED>                                  0.09



</TABLE>
# C_2020399EN.01003502.xml

| 23.11.2020 | EN | Official Journal of the European Union | C 399/35 |
| --- | --- | --- | --- |

23.11.2020

EN

Official Journal of the European Union

C 399/35

---

Judgment of the General Court of 23 September 2020 — Polfarmex v EUIPO — Kaminski (SYRENA)

(Case T-677/19) (1)

(EU trade mark - Revocation proceedings - EU word mark SYRENA - Genuine use of the mark - Extent of use - Proof of use - Articles 18(1) and 58(1)(a) and (2) of Regulation (EU) 2017/1001 - Duty to state reasons - First sentence of Article 94(1) of Regulation 2017/1001)

(2020/C 399/51)

Language of the case: English

Parties

Applicant: Polfarmex S.A. (Kutno, Poland) (represented by: B. Matusiewicz-Kulig, lawyer)

Defendant: European Union Intellectual Property Office (represented by: H. O’Neill, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Arkadiusz Kaminski (Etobicoke, Ontario, Canada) (represented by: E. Pijewska, M. Mazurek and W. Trybowski, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 11 July 2019 (Joined Cases R 1861/2018-2 and R 1840/2018-2), relating to revocation proceedings between Polfarmex and Mr Kaminski.

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 July 2019 (Joined Cases R 1861/2018-2 and R 1840/2018-2) to the extent that it upheld the registration of the European Union trade mark No 9262767 in respect of ‘cars’ in Class 12 other than ‘racing cars’; |
| --- | --- |

1.

Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 July 2019 (Joined Cases R 1861/2018-2 and R 1840/2018-2) to the extent that it upheld the registration of the European Union trade mark No 9262767 in respect of ‘cars’ in Class 12 other than ‘racing cars’;

| 2. | Dismisses the action as to the remainder; |
| --- | --- |

2.

Dismisses the action as to the remainder;

| 3. | Orders each party to bear its own costs. |
| --- | --- |

3.

Orders each party to bear its own costs.

---

(1)  OJ C 399, 25.11.2019.

---
EXHIBIT 31.1

               CERTIFICATION PURSUANT TO RULE 13a-14(a)/15d-14(a)

        I, Melissa Payner-Gregor, certify that:

        1.  I have reviewed this quarterly report on Form 10-Q of Bluefly, Inc;

        2.  Based on my knowledge, this quarterly report does not contain any
untrue statement of a material fact or omit to state a material fact necessary
to make the statements made, in light of the circumstances under which such
statements were made, not misleading with respect to the period covered by this
quarterly report;

        3.  Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for the periods presented in this report;

        4.  The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

                a.  designed such disclosure controls and procedures, or caused
such disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this quarterly report is being prepared;

                b.  evaluated the effectiveness of the registrant's disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and

                c.  disclosed in this report any change in the registrant's
internal control over financial reporting that occurred during the registrant's
most recent fiscal quarter that has materially affected, or is reasonably likely
to materially affect, the registrant's internal control over financial
reporting; and

        5.  The registrant's other certifying officer and I have disclosed,
based on our most recent evaluation, of internal control over financial
reporting to the registrant's auditors and the audit committee of the
registrant's board of directors (or persons performing the equivalent
functions):

                a.  all significant deficiencies and material weaknesses in the
design or operation of internal control over financial reporting which are
reasonably likely to adversely affect the registrant's ability to record,
process, summarize and report financial information; and

                b.  any fraud, whether or not material, that involves management
or other employees who have a significant role in the registrant's internal
control over financial reporting.

Date:  August 9,  2005                                 /s/ Melissa Payner-Gregor
                                                       -------------------------
                                                       Melissa Payner-Gregor
                                                       Chief Executive Officer
# C_2020209EN.01002701.xml

| 22.6.2020 | EN | Official Journal of the European Union | C 209/27 |
| --- | --- | --- | --- |

22.6.2020

EN

Official Journal of the European Union

C 209/27

---

Judgment of the General Court of 29 April 2020 — CZ and Others v EEAS

(Case T-497/19) (1)

(Civil service - Officials - Remuneration - Weighting - Fixed entertainment allowance - Accommodation expenses - Obligation to state reasons - Duty of care - Equivalence in purchasing power - Equal treatment)

(2020/C 209/36)

Language of the case: French

Parties

Applicants: CZ, DB, DC, DD (represented by: J.-N. Louis, lawyer)

Defendant: European External Action Service (represented by: S. Marquardt and R. Spac, acting as Agents)

Re:

Application based on Article 270 TFEU seeking annulment of the EEAS’ implicit decision by which the EEAS’ appointing authority and the authority empowered to conclude contracts of employment rejected the applicants’ request for, in essence, an increase, where applicable with retroactive effect, of the weighting applicable to their place of posting, in the present case Paris.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders CZ, DB, DC and DD to pay the costs. |
| --- | --- |

2.

Orders CZ, DB, DC and DD to pay the costs.

---

(1)  OJ C 305, 9.9.2019.

---
# C_2019112EN.01004501.xml

| 25.3.2019 | EN | Official Journal of the European Union | C 112/45 |
| --- | --- | --- | --- |

25.3.2019

EN

Official Journal of the European Union

C 112/45

---

Action brought on 4 February 2019 – ECSEL Joint Undertaking v Personal Health Institute International

(Case T-64/19)

(2019/C 112/55)

Language of the case: English

Parties

Applicant: ECSEL Joint Undertaking (represented by: G. Kuyper and P. Brochier, lawyers)

Defendant: Personal Health Institute International (Amsterdam, Netherlands)

Form of order sought

The applicant claims that the Court should:

| — | order the defendant to pay to ECSEL the amount of EU 25 513,84, together with interest at the contractual rate of 3,5 % from 15 December 2014 until full payment is received. |
| --- | --- |

—

order the defendant to pay to ECSEL the amount of EU 25 513,84, together with interest at the contractual rate of 3,5 % from 15 December 2014 until full payment is received.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, based on an alleged breach of contract by the defendant, which, the applicant alleges, failed to provide any detail or information regarding its project to the relevant national funding authority and failed to fulfil its contractual obligations, thus justifying termination of the contract as far as the defendant was concerned pursuant to the relevant provisions of Article II.20.1 of Annex II to the Grant Agreement.

---
Exhibit 10.117

UTSTARCOM, INC.        AMENDED AND RESTATED CHANGE OF CONTROL/INVOLUNTARY TERMINATION  SEVERANCE AGREEMENT

This Amended and Restated Change of Control/Involuntary Termination Severance Agreement (the "Agreement") is made and entered into effective as of
                        , 2006 (the "Effective Date"), by and between Francis P. Barton (the "Employee") and UTStarcom, Inc.,
a Delaware corporation (the "Company"). Certain capitalized terms used in
this Agreement are defined in Section 1 below.

R E C I T A L S

A.    The
Company and Employee previously entered into a Change of Control/Involuntary Termination Severance Agreement which provided the Employee with severance benefits upon
the Employee's termination of employement under certain circumstances (the "Original Agreement").

B.    The
Board of Directors of the Company (the "Board") believes that it is in the best interests of the Company and its shareholders to provide the Employee with further
incentives to continue his employment.

C.    In
order to provide the Employee with enhanced financial security and sufficient encouragement to remain with the Company, the Board wishes to augment certain terms of
the Original Agreement, which is hereby amended and restated in its entirety as follows.

AGREEMENT

In
consideration of the mutual covenants herein contained and the continued employment of Employee by the Company, the parties agree as follows:



---





2

---





3

---





Unless
the Company and the Employee otherwise agree in writing, any determination required under this Section shall be made in writing by the Company's independent public accountants
(the "Accountants"), whose determination shall be conclusive and binding upon the Employee and the Company for all purposes. For purposes of making the calculations required by this Section, the
Accountants may make reasonable assumptions and approximations concerning applicable taxes and may rely on reasonable, good faith interpretations concerning the application of Section 280G and
4999 of the Code. The Company and the Employee shall furnish to the Accountants such information and documents as the Accountants may reasonably request in order to make a determination under this
Section. The Company shall bear all costs the Accountants may reasonably incur in connection with any calculations contemplated by this Section.

4

---





5

---





6

---





7

---





IN
WITNESS WHEREOF, each of the parties has executed this Agreement, in the case of the Company by its duly authorized officer, as of the day and year first above written.

|COMPANY:  |  | UTSTARCOM, INC.              
|--------- |  | -----------------------------
|          |  | By:                          
|          |  | Title:                       
|EMPLOYEE: |  | Signature                    
|          |  | Francis P. BartonPrinted Name

SIGNATURE PAGE TO AMENDED AND RESTATED CHANGE OF
CONTROL/INVOLUNTARY TERMINATION SEVERANCE AGREEMENT

8

---



QuickLinks
Description of Third Amendment to the Amended & Restated Employment Agreement




 Exhibit 10.12 
 Description of Third Amendment to the Amended and Restated Employment Agreement of John A. Heil, effective as of August 28, 2009 
 Effective as of August 28, 2009, the board of directors of Spectrum Brands, Inc. reinstated the annual base salary of John A. Heil to $500,000, which reinstatement amended that certain Second
Amendment to the Amended and Restated Employment Agreement, effective as of February 24, 2009, by and between Spectrum Brands, Inc. and John A. Heil.
#### Derian Douglas HICKMAN, Appellant v. BANK OF AMERICA, et al., Appellees.

No. 11-7074.

United States Court of Appeals, District of Columbia Circuit.

Dec. 16, 2011.

Derian Douglas Hickman, Washington, DC, pro se.

BEFORE: GARLAND, BROWN, and KAVANAUGH, Circuit Judges.

*JUDGMENT*

PER CURIAM.

This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief filed by the appellant. *See*Fed. R.App. P. 34(a)(2); D.C.Cir. Rule 34®. It is

ORDERED AND ADJUDGED that the district court’s order filed March 14, 2011, be affirmed. After notice and consideration of his response to the court’s order to show cause, the district court acted within its discretion in enjoining Derian Douglas Hickman from proceeding in forma pau-peris in the district court based on the court’s determination that his persistent filings of frivolous complaints are harassing to the court. *See*28 U.S.C. § 1915(a); *Hurt v. Social Security Admin.,*544 F.3d 308 (D.C.Cir.2008) (per curiam).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. *See*Fed. R.App. P. 41(b); D.C.Cir. Rule 41.
II 

112TH CONGRESS 

1ST SESSION S. 5 

To reform schools and give America’s children the tools they need to succeed. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mr. REID (for himself, Mr. DURBIN, Mr. WYDEN, Mr. BROWN of Ohio, Mr. 

BENNET, Mrs. GILLIBRAND, Mr. COONS, Mr. INOUYE, Mrs. BOXER, Mr. 

LAUTENBERG, Mr. BEGICH, Mrs. SHAHEEN, and Mr. AKAKA) introduced 

the following bill; which was read twice and referred to the Committee 

on Health, Education, Labor, and Pensions 

A BILL 

To reform schools and give America’s children the tools 

they need to succeed. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reform America’s 

5 Schools to Educate the Leaders of the Future Act’’. 

6 SEC. 2. SENSE OF THE SENATE. 

7 It is the sense of the Senate that Congress should— 


pwalker on DSKD5P82C1PROD with BILLS
2 

•S 5 IS

1 (1) ensure that all students have equitable ac2 cess to a high-quality, well-rounded education that 

3 prepares them to succeed in college and a career; 

4 (2) fix No Child Left Behind’s accountability 

5 system while continuing to focus on the success of 

6 all students; 

7 (3) provide States and districts the resources to 

8 turn around our lowest performing schools; 

9 (4) collaborate with teachers to put in place 

10 systems to measure teacher quality and supports to 

11 help teachers improve student achievement; and 

12 (5) promote programs that encourage parent 

13 engagement, community involvement, and youth de14 velopment. 

Æ 


pwalker on DSKD5P82C1PROD with BILLS
# C_2019399EN.01006501.xml

| 25.11.2019 | EN | Official Journal of the European Union | C 399/65 |
| --- | --- | --- | --- |

25.11.2019

EN

Official Journal of the European Union

C 399/65

---

Order of the General Court of 11 September 2019 — Othman v Council

(Case T-58/19) (1)

(Action for compensation - Common foreign and security policy - Restrictive measures taken against Syria - Freezing of funds - Lack of competence)

(2019/C 399/80)

Language of the case: French

Parties

Applicant: Razan Othman (Damascus, Syria) (represented by E. Ruchat, lawyer)

Defendant: Council of the European Union (represented by A. Jaume and V. Piessevaux, acting as Agents)

Re:

Application under Article 268 TFEU seeking compensation in respect of the harm allegedly suffered by the applicant as a result of the adoption of Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2018 L 131, p. 16) and its subsequent implementing acts, and as a result of Council Decision (CFSP) 2019/806 of 17 May 2019 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2019 L 132, p. 36), in so far as those decisions concern the applicant.

Operative part of the order

| 1. | The action is dismissed. |
| --- | --- |

1.

The action is dismissed.

| 2. | Ms Razan Othman shall bear her own costs and pay those incurred by the Council of the European Union. |
| --- | --- |

2.

Ms Razan Othman shall bear her own costs and pay those incurred by the Council of the European Union.

---

(1)  OJ C 139, 15.4.2019.

---
#### FARMERS’ LOAN &, TRUST CO. v. KIP et al.

(Supreme Court, Appellate Division, First Department.

October 18, 1907.)

Action by the Farmers’ Loan & Trust Company against Francis C. Kip and others.

No.opinion. Motion granted. Questions certified. Order filed.
Exhibit 99.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER  PURSUANT TO  18 U.S.C. SECTION 1350,  AS ADOPTED PURSUANT TO  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Hong Liang Lu, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
Quarterly Report of UTStarcom, Inc. on Form 10-Q for the quarterly period ended June 30, 2002 fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 and that information contained in such Form 10-Q fairly presents in all material respects the financial condition and results of operations of
UTStarcom, Inc.

| |  | By:    | /s/HONG LIANG LU       
| |  | ------ | -----------------------
| |  | Name:  | Hong Liang Lu          
| |  | Title: | Chief Executive Officer

I,
Michael J. Sophie, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of
UTStarcom, Inc. on Form 10-Q for the quarterly period ended June 30, 2002 fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that information contained in such Form 10-Q fairly presents in all material respects the financial condition and results of operations of
UTStarcom, Inc.

| |  | By:    | /s/MICHAEL J. SOPHIE   
| |  | ------ | -----------------------
| |  | Name:  | Michael J. Sophie      
| |  | Title: | Chief Financial Officer

---

QuickLinks
# C_2020255EN.01001801.xml

| 3.8.2020 | EN | Official Journal of the European Union | C 255/18 |
| --- | --- | --- | --- |

3.8.2020

EN

Official Journal of the European Union

C 255/18

---

Order of the President of the General Court of 11 June 2020 — Elevolution — Engenharia v Commission

(Case T-652/19 R)

(Interim measures - Public works contracts - Application for suspension of operation of a measure - Lack of urgency)

(2020/C 255/23)

Language of the case: Portuguese

Parties

Applicant: Elevolution — Engenharia, S.A. (Amadora, Portugal) (represented by: M. Marques Mendes, R. Campos, A. Dias Henriques, M. Troncoso Ferrer and C. García Fernández, lawyers)

Defendant: European Commission (represented by: F. Dintilhac and I. Melo Sampaio, acting as Agents)

Re:

Application under Articles 278 and 279 TFEU seeking suspension of operation of the Commission’s decision of 12 July 2019 excluding the applicant for a period of three years from procurement and grant award procedures financed by the European Development Fund (EDF) in the context of Council Regulation (EU) 2015/323 of 2 March 2015 on the financial regulation applicable to the 11th European Development Fund (OJ 2015 L 58, p. 17) and ordering the publication of the notification of exclusion on the Commission’s website.

Operative part of the order

The Court:

| 1. | Dismisses the application for interim measures. |
| --- | --- |

1.

Dismisses the application for interim measures.

| 2. | Reserves the costs. |
| --- | --- |

2.

Reserves the costs.

---